Iowa Code

Iowa Code § 455B.175 (2026)

Violations

✓ current as of July 2026

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1. If there is substantial evidence that any person has violated or is violating any provision of, or any rule or standard established or permit issued pursuant to, this part 1 of subchapter III, chapter 459, subchapter III, chapter 459A, or chapter 459B, then one of the following may apply:

a. The director may issue an order directing the person to desist in the practice which constitutes the violation or to take such corrective action as may be necessary to ensure that the violation will cease. The person to whom such order is issued may cause to be commenced a contested case within the meaning of the Iowa administrative procedure Act, chapter 17A, by filing with the director a notice of appeal to the commission. The applicable time frames for the issuance and appeal of the order are defined in section 455B.110. On appeal the commission may affirm, modify, or vacate the order of the director.

b. If it is determined by the director that an emergency exists respecting any matter affecting or likely to affect the public health, the director may issue any order necessary to terminate the emergency without notice and without hearing. Any such order shall be binding and effective immediately and until such order is modified or vacated at a hearing before the commission or by a court.

c. The director, with the approval of the commission, may request the attorney general to institute legal proceedings pursuant to section 455B.191 or 459.604.

2. Notwithstanding the limitations on civil and criminal penalty amounts in sections 331.302 and 331.307, a county that has entered into an agreement with the department pursuant to sections 455B.174 and 455B.183 regarding the construction of semipublic sewage disposal systems may assess civil penalties in amounts consistent with and not exceeding the amounts established for such penalties under this subchapter III. [C66, 71, §455B.12, 455B.15, 455B.17; C73, 75, §455B.34, 455B.37; C77, 79, 81, §455B.34]\n\nTue Dec 09 22:11:03 2025 Iowa Code 2026, Chapter 455B (104, 1) 43 JURISDICTION OF DEPARTMENT OF NATURAL RESOURCES, §455B.176A\n\n C83, §455B.175 83 Acts, ch 137, §5; 86 Acts, ch 1245, §1899; 2003 Acts, ch 44, §114; 2007 Acts, ch 82, §1; 2009 Acts, ch 155, §29, 34; 2011 Acts, ch 97, §3; 2019 Acts, ch 97, §3; 2021 Acts, ch 76, §91; 2021 Acts, ch 174, §21 Referred to in §459.601, 459A.501 \n

Notes of Decisions

Cited in 5 cases, 1995–2000 · leading case: Aladdin, Inc. v. Black Hawk Cnty., 562 N.W.2d 608 (Iowa 1997).

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Aladdin, Inc. v. Black Hawk Cnty., 562 N.W.2d 608 (Iowa 1997). · cites it 4× “This limitation also applies to administrative sanctions specified in section 455B.175. Blue Chip Enters., 528 N.”

Williams Pipe Line Co. v. Bayer Corp., 964 F. Supp. 1300 (S.D. Iowa 1997). · cites it 2× “See Iowa Code § 455B.175(1). 3) Comparable to Subsection 809(g) The statutory bar to citizen suits focuses “not on state statutory construction, but on whether corrective action already taken and diligently pursued by the government seeks to remedy the same violations as…”

Blue Chip Enter. v. State Dep't of Nat. Resources, 528 N.W.2d 619 (Iowa 1995). · cites it 6× “186 (located in Part 1 of Division III dealing with water quality) and thus subject to administrative sanctions specified in section 455B.175 without regard to any limitation found in section 455B.”

Organic Tech. Corp. v. State Ex Rel. Iowa Dep't of Nat. Resources, 609 N.W.2d 809 (Iowa 2000). · cites it 5× “See Iowa Code §§ 455B.175(1), .307(2) (1993).”

State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000). · cites it 2× “175(1), with Iowa Code § 455B.175(4). Administrative regulations furnish express criteria to consider when imposing administrative penalties.”

— Iowa Code § 455B.175(1) — 3 cases

Williams Pipe Line Co. v. Bayer Corp., 964 F. Supp. 1300 (S.D. Iowa 1997). “See Iowa Code § 455B.175(1). 3) Comparable to Subsection 809(g) The statutory bar to citizen suits focuses “not on state statutory construction, but on whether corrective action already taken and diligently pursued by the government seeks to remedy the same violations as…”

Organic Tech. Corp. v. State Ex Rel. Iowa Dep't of Nat. Resources, 609 N.W.2d 809 (Iowa 2000). “See Iowa Code §§ 455B.175(1), .307(2) (1993).”

Blue Chip Enter. v. State Dep't of Nat. Resources, 528 N.W.2d 619 (Iowa 1995). “186 (located in Part 1 of Division III dealing with water quality) and thus subject to administrative sanctions specified in section 455B.175 without regard to any limitation found in section 455B.”

— Iowa Code § 455B.175(4) — 1 case

State Ex Rel. Miller v. DeCoster, 608 N.W.2d 785 (Iowa 2000). “175(1), with Iowa Code § 455B.175(4). Administrative regulations furnish express criteria to consider when imposing administrative penalties.”

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